Schneeberger v. Allstate Insurance Company

Filing 16

ORDER Dismissing Third and Fourth Claims for Relief in 2 Second Amended Complaint, granting 3 Defendant's Motion to Dismiss and denying 15 Motion to Strike Plaintiff's 14 Response, signed by Judge Richard P. Matsch on 10/15/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch

Civil Action No. 09-cv-02105-RPM SARA SCHNEEBERGER, Plaintiff, v. ALLSTATE INSURANCE COMPANY; JOHN DOE and JANE DOE, Defendants. ORDER DISMISSING THIRD AND FOURTH CLAIMS FOR RELIEF IN SECOND AMENDED COMPLAINT In the Second Amended Complaint in this civil action based on a failure to pay uninsured motorist benefits under the defendant's insurance policy issued to the plaintiff, the plaintiff has in the third claim for relief alleged the violation of C.R.S. § 10-31115 and § 10-3-1116, statutes which were passed with an effective date of August

5, 2008. The statute is not applicable to the facts of this case as the defendant has asserted in its motion to dismiss, filed September 3, 2009. The plaintiff also alleged in the fourth claim for relief a violation of the Colorado Consumer Protection Act, C.R.S. § 6-1-101 et seq., but has failed to allege facts sufficient to support such a claim. In response to the defendant's motion to dismiss, the plaintiff filed an affidavit which the defendant moved to strike. The Court has accepted the allegations of the affidavit as if they were submitted as an amended complaint and finds that the allegations are insufficient to support a statutory violation. Accordingly, it is

ORDERED that the defendant's motion to dismiss the third and fourth claims for relief in the Second Amended Complaint is granted and the defendant's motion to strike plaintiff's response is denied. DATED: October 15th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge